Common use of Exercise Period Upon Death or Disability Clause in Contracts

Exercise Period Upon Death or Disability. If the Participant dies or becomes disabled (within the meaning of Section 22(e)(3) of the Code) prior to the Stated Expiration Date while the Participant is an Eligible Participant, this Option shall be exercisable, within the period of one year following the date of death or disability of the Participant, by the Participant (or in the case of death by an authorized transferee); provided that, this Option shall be exercisable only to the extent that this Option was exercisable by the Participant on the date of the Participant’s death or disability, and further provided that this Option shall not be exercisable after the Stated Expiration Date.

Appears in 4 contracts

Samples: Incentive Stock Option Agreement (Heat Biologics, Inc.), Stock Option Agreement (Heat Biologics, Inc.), Incentive Stock Option Agreement (Heat Biologics, Inc.)

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Exercise Period Upon Death or Disability. If the Participant dies or becomes disabled (within the meaning of Section 22(e)(3) of the Code) prior to the Stated Expiration Date while the Participant he or she is an Eligible Participant, this Option shall be exercisable, within the period of one year following the date of death or disability of the Participant, by the Participant (or in the case administrator of death by an authorized transferee); provided thathis or her estate, PROVIDED THAT this Option shall be exercisable only to the extent that this Option option was exercisable by the Participant on the date of the Participant’s his or her death or disability, and further provided that this Option option shall not be exercisable after the Stated Expiration Date.

Appears in 2 contracts

Samples: Nonqualified Stock Option Agreement (Superior Galleries Inc), Incentive Stock Option Agreement (Superior Galleries Inc)

Exercise Period Upon Death or Disability. If the Participant dies or becomes disabled (within the meaning of Section 22(e)(3) of the Code) prior to the Stated Expiration Final Exercise Date while the Participant he or she is an Eligible Participant, this Option option shall be exercisable, within the period of one year following the date of death or disability of the Participant, by the Participant (or in the case of death by an authorized transferee); , provided that, that this Option option shall be exercisable only to the extent that this Option option was exercisable by the Participant on the date of the Participant’s his or her death or disability, and further provided that this Option option shall not be exercisable after the Stated Expiration Final Exercise Date.

Appears in 1 contract

Samples: Nonstatutory Stock Option Agreement (Icagen Inc)

Exercise Period Upon Death or Disability. If the Participant dies or becomes disabled (within the meaning of Section 22(e)(3) of the Code) prior to the Stated Expiration Date while the Participant he or she is an Eligible Participant, this Option option shall be exercisable, within the period of one year hundred eighty (180) days following the date of death or disability of the Participant, by the Participant (or in the case of death by an authorized transferee); , provided that, that this Option option shall be exercisable only to the extent that this Option option was exercisable by the Participant on the date of the Participant’s his or her death or disability, and further provided that this Option option shall not be exercisable after the Stated Expiration Date.

Appears in 1 contract

Samples: Hybridon Inc

Exercise Period Upon Death or Disability. If the Participant dies or becomes disabled (within the meaning of Section 22(e)(3) of the Code): (1) after the closing of an Initial Public Offering, (2) prior to the Stated Expiration Date Final Exercise Date, and (3) while the Participant he or she is an Eligible Participant, this Option option shall be exercisable, within the period of one year following the date of death or disability of the Participant by the Participant, by the Participant (or in the case of death by an authorized transferee); provided that, that this Option option shall be exercisable only to the extent that this Option option was exercisable by the Participant on the date of the Participant’s his or her death or disability, and further provided that this Option option shall not be exercisable after the Stated Expiration Final Exercise Date.

Appears in 1 contract

Samples: Stock Option Agreement (Network Plus Corp)

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Exercise Period Upon Death or Disability. If the Participant dies or becomes disabled (within the meaning of Section 22(e)(3) of the Code) prior to the Stated Expiration Final Exercise Date while he or she is a director of the Participant is an Eligible ParticipantCompany, this Option option shall be exercisable, within the period of one year US1DOCS 7533176v2 following the date of death or disability of the Participant, by the Participant (or in the case of death by an authorized transferee); , provided that, that this Option option shall be exercisable only to the extent that this Option option was exercisable by the Participant on the date of the Participant’s his or her death or disability, and further provided that this Option option shall not be exercisable after the Stated Expiration Final Exercise Date.

Appears in 1 contract

Samples: Stock Option Agreement (Ameresco, Inc.)

Exercise Period Upon Death or Disability. If the Participant dies or becomes disabled (within the meaning of Section 22(e)(3) of the Code) prior to the Stated Expiration Final Exercise Date while the Participant he or she is an Eligible ParticipantOutside Director, this Option option shall be exercisable, within the period of one year following the date of death or disability of the Participant, by the Participant (or in the case of death by an authorized transferee); provided that, provided, however, this Option option shall be exercisable only to the extent that this Option option was exercisable by the Participant on the date of the Participant’s his or her death or disability, and further provided provided, further, that this Option option shall not be exercisable after the Stated Expiration Final Exercise Date.

Appears in 1 contract

Samples: Microstrategy Incorporated (MICROSTRATEGY Inc)

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